Haberer v. First Bank of South Dakota (NA)

JOHNSON, Circuit Judge.

This is an appeal from an order granting summary judgment for the appellee, First Bank of South Dakota, on the grounds that appellants, Merle Haberer and Florence Haberer (Haberers), failed to raise a compulsory counterclaim in a prior action. We affirm.

FACTS

Haberers were the principal owners of Haberer Dairy & Farm Equipment, Inc. Haberers were in the business of marketing milk bulk tanks which Merle Haberer had invented and patented. During the latter part of 1982, Haberer sought to build a manufacturing plant for the milk bulk tanks in Aberdeen, South Dakota. In…